The Democratic National Committee on Thursday filed a lawsuit alleging that President Donald Trump’s administration secretly changed a postcard used by U.S. citizens overseas in a way that makes it harder to register to vote.
The lawsuit contends that the Department of Defense made the change by declaring an emergency, which allowed it to eliminate a specific box on the form.
That box is typically checked by potential voters who acknowledge they are U.S. citizens but who have never lived in the United States.
They are usually the children of U.S. citizens, and 38 states allow them to cast ballots provided they have close family connections.
Since 2013, the box has appeared on postcards sent to overseas voters.
Republicans have filed lawsuits in multiple states trying to prevent those voters, who typically support Democrats, from casting ballots.
Thursday’s lawsuit contends that the administration simply made the change on its own without giving proper notice.
“These American citizens pay U.S. federal and state taxes, but now a years-old plan has culminated in a manufactured ‘emergency’ to justify impeding their right to vote in American elections and potentially disenfranchising them entirely,” the lawsuit states.
The Department of Defense, which administers the form, did not immediately respond to a request for comment.
The number of Americans overseas who have never lived in the United States yet cast ballots in the country was estimated at about 11,500 in 2016.
The lawsuit contends the number has likely grown.
Some are already registered and are due to receive ballots for November.
Others can opt to check other boxes saying they’re citizens who either intend to return to the U.S. or do not intend to return in order to receive ballots.
The move follows Secretary of Defense Pete Hegseth urging members of the military to cast ballots en masse, implying they could out-vote Democratic jurisdictions, such as Detroit, if they all cast ballots.
The same federal law that lets members of the military who live overseas cast ballots also requires that civilians who live overseas be given the same opportunity.
But as Democratic-leaning civilians overseas have out-voted Republican-leaning members of the military in recent years, the GOP has started to target the law, known as the Uniformed and Overseas Citizens Absentee Voting Act, or UOCAVA. Republicans were able to win a court case forbidding the votes of overseas citizens who have never lived in North Carolina from being counted there, but have not yet succeeded in lawsuits in other states, including swing state Michigan.
Susan Dzieduszycka-Suinat is a U.S. citizen in Munich whose 28-year-old daughter also is a U.S. citizen who has never resided in the country but votes regularly.
She said the administration’s move was alarming.
“If this works in slicing off a piece of the electorate,” said Dzieduszycka-Suinat, who is president of the U.S. Vote Foundation, “wait until the next emergency.”
